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Thread: Borrowed firearm to OC?
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June 29th, 2010, 08:38 AM #1Member
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Borrowed firearm to OC?
Hey,
I am a NJ resident and FL concealed weapons license holder. I know that I dont need anything like that to OC but figgured ide throw that in there. My friend, whom has no pistols yet but is not a prohibited persons, would like to OC with me sometime to cabelas & such (figgure its a hassle free place). Could I legally bring along another pistol for him to carry?
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June 29th, 2010, 08:53 AM #2
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June 29th, 2010, 09:19 AM #3
Re: Borrowed firearm to OC?
mingomom is correct. You cannot lend a firearm to someone without a LTCF. If you do and get caught, YOU will be the one who gets in trouble. Can't remember the exact post, but GunLawyer explained it all in detail. Once your friend gets a LTCF, feel free to lend him your gun, but tell him he should get his own
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June 29th, 2010, 09:41 AM #4
Re: Borrowed firearm to OC?
You guys are missing the fact that the OPs friend wants to OC, which does not require an LTCF. So provided his friend doesn't travel in the car whille carrying and stays out of Philly, he would be ok.
IANAL!
Edit:I spoke way too soon, I am just going to retract my statement because I am not sure if loaning a firearm is only related to concealed carry, or if the LTCF requirement mean simply possessing another persons firearm.Last edited by YBNORMAL; June 29th, 2010 at 09:52 AM.
The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.
Ayn Rand
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June 29th, 2010, 09:44 AM #5
Re: Borrowed firearm to OC?
OC is not the issue here. In order for me to loan a handgun to my friend, he/she must possess a valid LTCF.
ETA::
§ 6115. Loans on, or lending or giving firearms prohibited.
a. Offense defined. -- No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as provided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.
b. Exception. --
1. Subsection (a) shall not apply if any of the following apply:
1. The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).Last edited by PisnNapalm; June 29th, 2010 at 09:49 AM.
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June 29th, 2010, 09:51 AM #6
Re: Borrowed firearm to OC?
Yeah, I jumped the gun on that one without thinking it through, I don't know if I should just delete my post or what. I put a big edit in red for now.
The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities.
Ayn Rand
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June 29th, 2010, 10:07 AM #7
Re: Borrowed firearm to OC?
You think it would make sense, but here is another one of those laws that affect only the law-abiding citizens.
The particular reason for that law is so that the criminal-types (today, generally gang-bangers) can't share a gun. The criminal-types would also include the straw buyers.
I wonder how that's working out?"...a REPUBLIC, if you can keep it."
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June 29th, 2010, 10:37 AM #8
Re: Borrowed firearm to OC?
Several questions here:
1. how do you legally transport your handgun while in NJ?;
We touched on this issue some time ago (April 2010) and your last posted there was:
How did you resolve the issue?
2. Is you friend an NJ resident? If not, ignoring many state law implications, 18 USC 922(a)(5) prohibits loaning to a resident of a different state except for 'lawful sporting purposes'. If he/she is a NJ resident then you have the 18 Pa CSA 6115 prohibition.IANAL
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June 29th, 2010, 08:48 PM #9Super Member
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June 29th, 2010, 08:54 PM #10
Re: Borrowed firearm to OC?
I believe it's the other way around. The person in possession of the gun who is breaking the law is the one who gets in trouble, not the loaner. Since that person is not licensed, if he/she accepts said firearm then he/she gets charged.
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